WARRANTIES EXCLUSIVE
: IF THE TRENDWARE
PRODUCT DOES NOT OPERATE AS WARRANTED
ABOVE, THE CUSTOMER’S SOLE REMEDY SHALL
BE, AT TRENDWARE’S OPTION, REPAIR OR
REPLACEMENT. THE FOREGOING WARRANTIES
AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. TRENDWARE
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR IT ANY OTHER LIABILITY
IN CONNECTION WITH THE SALE, INSTALLATION
MAINTENANCE OR USE OF TRENDWARE’S
PRODUCTS.
TRENDWARE SHALL NOT BE LIABLE UNDER THIS
WARRANTY IF ITS TESTING AND EXAMINATION
DISCLOSE THAT THE ALLEGED DEFECT IN THE
PRODUCT DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER’S OR ANY THIRD PERSON’S MISUSE,
NEGLECT, IMPROPER INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPTS TO REPAIR OR MODIFY,
OR ANY OTHER CAUSE BEYOND THE RANGE OF
THE INTENDED USE, OR BY ACCIDENT, FIRE,
LIGHTNING, OR OTHER HAZARD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT
ALLOWED BY LAW TRENDWARE ALSO EXCLUDES
FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE), FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS
OF REVENUE OR PROFITS, LOSS OF BUSINESS,
LOSS OF INFORMATION OR DATE, OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE,
OR INTERRUPTION OF THE POSSIBILITY OF SUCH
DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR,
REPLACEMENT, OR REFUND OF THE PURCHASE
PRICE PAID, AT TRENDWARE’S OPTION. THIS
DISCLAIMER OF LIABILITY FOR DAMAGES WILL
NOT BE AFFECTED IF ANY REMEDY PROVIDED
HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
Governing Law
: This Limited Warranty shall be
governed by the laws of the state of California.
